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Birth Defect Litigation

Some injuries are out of the parents or their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future costs. However, the law puts strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the labor and birth procedures. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. This time frame is extended for infants. It is essential to talk with an attorney early enough to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defect lawsuit defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to numerous mental or physical issues. Some birth defects can cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any perform a task that is not within the standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug known as teratogens, which could cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used to treat seizures. If a woman is exposed to the drug, then she must file a claim.

It is crucial to select an attorney with experience handling these kinds of cases. You should seek out a firm with experience in this field and works on contingency, so you don't pay anything until you are successful. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetic, however some of them are caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that harm their reproductive health and cause birth defects.

It is crucial to collect as many evidences as you can prior to filing a lawsuit against the parties responsible. This includes any ultrasound images, blood tests and medical bills that arise due to the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

In addition, the manufacturer and those who prescribe prescription medicines are required to inform people about the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects due to exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.